Following a workplace accident, you may find yourself grappling with medical bills and other losses. While this should be the time for your recovery, you have to consider the financial aspects too. In Virginia, you can file a workers’ compensation claim and seek compensation for lost wages and medical treatment costs. All employers in the state pay for workers’ compensation insurance, which is a no-fault system. Your best bet would be to consult an Ashburn workers compensation lawyer to know your claim better. In this post, we are debunking common myths about claims and more.
Myth 1: It’s absolutely important to report the injury on the same day
As the injured worker, you are responsible for filing the workers’ compensation claim. The burden of proof is on you. Before you do that, you must inform your employer about the injury, and ideally, you should do so at the earliest. However, if you failed to notify your supervisor on the same day, you don’t need to worry. In Virginia, you can file a workers’ compensation claim as long as you inform your employer within 30 days from the date of accident.
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Myth 2: You have to prove fault
As we mentioned earlier, the workers’ compensation system is a no-fault system. In simple words, it means that it doesn’t matter who was responsible for the accident. Even if your employer is responsible for the accident, you cannot sue them as per laws in Virginia. Similarly, it doesn’t matter if you were responsible for the accident in any manner. However, in some cases, the injured worker may have a valid personal injury claim.
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Myth 3: The insurance company is paying the medical bills, and that’s enough
You have to complete and file the Claim Form with the Virginia Workers Compensation Commission – Period. The insurance company may try ways to get you to sign a general release, and claims adjusters have their means and ways to reduce settlements. Just because the insurance carrier is paying your medical bills, it doesn’t mean that you don’t need to file your workers’ compensation claim. You are also entitled to lost wages.
Also, note that it’s wrong to merely assume that your injury would be covered under workers’ compensation insurance. Your injury must be related to the work you do. If you think you have a valid claim, consider asking for a free consultation from one of the top local law firms.
